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Expressing concern over courts delaying framing charges after the filing of chargesheets, even in simple cases, the Supreme Court on Wednesday said it intends to issue some guidelines on the matter and sought the assistance of Attorney General R Venkataramani and Solicitor General Tushar Mehta.
A bench of Justices Aravind Kumar and N V Anjaria pointed out that Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) says that in cases exclusively triable by a court of sessions, charges must be framed within 60 days of the first hearing, but this was not being followed.
“Why take years and years to frame charges? In civil cases, non-framing of the issues and in criminal cases, non-framing of charges. We want to know what is the difficulty or we will issue directions for all courts across the country. We propose to do it,” Justice Kumar said.
The court was hearing a bail plea by a man who said he had been in custody for more than a year, but the charges were yet to be framed.
While the counsel for Bihar backed such guidelines, another counsel pointed out that the situation was widely prevalent in Maharashtra too and that a different Supreme Court bench had sought information from the district courts.
‘Certain directions need to be issued’
In its order, the court said, “The petitioner, who is an accused for offence punishable 309(5), 109(1), 103, 105 of BNS and 27 of the Arms Act is seeking for grant of regular bail contending that he is innocent and has been falsely implicated. It is also the contention of the learned counsel that the petitioner is in custody since 10.8.2024, and as evidenced from the custody certificate that he has been for 11 months, 26 days as on 4.8.2025. Learned counsel has vehemently contended that though chargesheet has been filed and all accused are in judicial custody, yet without any justifiable ground charge has not been framed.”
Referring to the condition laid down in Section 251(b), the court added, “We have noticed, time and again, the charges are not being framed even after months and years after framing of chargesheet. This is one of the primary reasons for the trial getting delayed. Until and unless it is framed, trial will not commence. As such, this situation seems to be prevalent in most of the courts and we are of the considered opinion that certain directions need to be issued pan India in this regard.”
It further said, “As such we would request Senior Advocate Siddharth Luthra to assist the court as amicus apart from learned standing counsel appearing for the State of Bihar. We also permit the petitioner counsel to furnish the copy of the petitioner and the present order to learned Attorney General as we propose to issue directions if required for all courts across the country. Relist after two weeks.”
Hearing another matter where the solicitor general was also present, Justice Kumar said, “Across the country we noticed, 2 years, 3 years, charge is not being framed. Section 251(b) BNSS contemplates within 60 days from first hearing. So in many cases, even small cases (it is not being done)…So we want to give some guidance. We will take cue from that (BNSS provision) and in all pending matters, we propose, we want your assistance.”
The court said that besides Luthra, it will also appoint senior advocate S Nagamuthu as amicus curiae in the matter.
